What Happens If the Defendant Refuses to Settle?

.000Key Takeaways

• If a defendant refuses to settle, your personal injury case moves toward a formal lawsuit and trial.
• Texas gives injured victims two years from the date of injury to file a lawsuit under the statute of limitations.
• Going to trial can result in a higher award than a settlement, especially with strong evidence and an experienced attorney.
• A jury decides the outcome at trial not the insurance company or the defendant.
• Having a board-certified trial attorney dramatically improves your chances of a favorable verdict.

Most personal injury cases in Texas settle before they ever reach a courtroom. But what happens when the defendant or their insurance company simply refuses to offer a fair settlement or refuses to settle at all? You still have options, and in many cases, going to trial works in your favor.

Here is a clear breakdown of what to expect when the other side won’t cooperate.

The Insurance Company Is Usually the Real Defendant

Before we go further, it helps to understand one important reality: in most personal injury cases car accidents, truck crashes, slip and falls the defendant is not personally writing a check. Their insurance company is the one controlling the settlement negotiations and calling the shots.

When a settlement is refused, it usually means the insurer has decided your claim is worth less than what you are asking, or they are betting you will not follow through with a lawsuit. An experienced Fort Worth personal injury lawyer knows exactly how to call that bluff.

Step 1: Your Attorney Files a Formal Lawsuit

When settlement negotiations break down, your attorney files a petition in civil court. In Texas, this formally initiates the litigation process. The defendant is then served and required to respond.

This step alone often changes the dynamic. Insurance companies tend to take claims far more seriously once a lawsuit is filed, because they now face real legal costs, discovery, and the possibility of a jury verdict that exceeds their original offer.

Step 2: Discovery Both Sides Exchange Evidence

After the lawsuit is filed, both parties enter the discovery phase. This is where each side requests documents, takes depositions, and gathers evidence. Your attorney will request the defendant’s driving records, company policies, phone records, insurance policy limits, and any internal communications that are relevant to your case.

Discovery often uncovers information that strengthens your position significantly. Many cases settle during or after discovery, once the defendant realizes how much evidence is stacked against them.

Step 3: Mediation May Be Required

Texas courts often require the parties to attempt mediation before a trial date is set. A neutral third-party mediator facilitates a structured negotiation between both sides. This is another opportunity to reach a resolution without going in front of a jury.

Even if the first settlement attempt failed, mediation sometimes produces results particularly when your attorney presents a compelling case supported by expert witnesses, medical records, and documented damages.

Step 4: Trial A Jury Decides Your Fate

If mediation fails and no agreement is reached, your case proceeds to trial. A jury of your peers will hear the evidence, evaluate testimony from witnesses and experts, and decide whether the defendant is liable and if so, how much you are owed.

This is where having a board-certified trial attorney matters enormously. Attorney Michael Francis of Francis Injury has spent more than 30 years preparing and trying cases in Texas courts. Insurance companies know which lawyers are actually willing to walk into a courtroom and that reputation directly benefits clients during every stage of the process.

Can You Win More at Trial Than in a Settlement?

Yes, and it happens regularly. While a settlement provides certainty, a jury verdict can exceed what any insurance company was willing to offer. Cases involving serious injuries, clear negligence, or reckless behavior such as drunk driving or a truck driver violating federal safety regulations often result in significant jury awards.

That said, trials also carry some risk. A skilled attorney will give you an honest assessment of your case before recommending whether to push for trial or continue negotiating.

What Texas Law Says About Your Deadline

Under Texas Civil Practice and Remedies Code § 16.003, injured victims generally have two years from the date of the accident to file a personal injury lawsuit. If that deadline passes, you lose your right to compensation regardless of how strong your case is.

This is why it is critical not to wait. If a defendant or their insurer is dragging out negotiations, it may be a deliberate strategy to run out the clock. An attorney will protect you from that tactic.

Going to Trial Is Not the End. It May Be Your Best Move

A defendant refusing to settle does not mean you are out of options. In many cases, it is actually an opportunity. It means your attorney gets to present your full story to a jury, and juries in Texas have awarded injured victims substantial compensation when the facts support it.

Francis Injury has recovered over $50 million for clients across Fort Worth, Dallas, and throughout Texas. Michael “Mensa Mike” Francis is one of fewer than 2% of Texas attorneys who is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. If the other side won’t settle fairly, he is fully prepared to take them to court.

If you have been injured and the defendant is refusing to offer what you deserve, do not wait. Call Francis Injury at (817) 329-9001 or schedule your free case evaluation today. There is no fee unless we win, and the consultation costs you nothing.

Frequently Asked Questions